Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-441 (2026)

Drug paraphernalia; use or possession; unlawful; penalty

✓ current as of July 2026
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(1) It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of sections 28-101, 28-431, and 28-439 to 28-444.

(2) Any person who violates this section shall be guilty of an infraction.

(3) A person shall not be in violation of this section if section 28-472 or 28-1701 applies.

Notes of Decisions
Cited in 34 cases (5 in the last 5 years), 1984–2025 · leading case: State v. Vanness, 300 Neb. 159 (Neb. 2018).
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State v. Vanness, 300 Neb. 159 (Neb. 2018). · cites it 2× “At the plea hearing, Vanness stated that she was present in Holt County on September 13, 2015, operating a motor vehicle with a driver's license which had been suspended for the reason that the insurance had expired.”
State v. Schriner, 303 Neb. 476 (Neb. 2019). · cites it 2× “" MOTION TO SUPPRESS Based on the evidence, the State charged Schriner with manufacturing a controlled substance (marijuana) within 1,000 feet of a school under § 28-416, a Class II felony; possession of a controlled substance (methamphetamine) under § 28-416, a Class IV felony;…”
State v. Campbell, 620 N.W.2d 750 (Neb. 2001). · cites it 2× “1998); drug paraphernalia under Neb. Rev. Stat. § 28-441 (Reissue 1995); resisting arrest under Neb.”
In Re Interest of Steven K., 661 N.W.2d 320 (Neb. Ct. App. 2003). · cites it 4× “2002) by possessing marijuana weighing 1 ounce or less and Neb.Rev.Stat. § 28-441 (Reissue 1995) by using or possessing drug paraphernalia.”
State v. Vermuele, 492 N.W.2d 24 (Neb. 1992). · cites it 2× “1988), a Class IV felony; possession of marijuana under 1 ounce, § 28-416(6), an infraction; and possession of drug paraphernalia, Neb. Rev. Stat. § 28-441 (Reissue 1989), an infraction.”
State v. Vermuele, 453 N.W.2d 441 (Neb. 1990). · cites it 2× “1988), a Class IV felony; possession of marijuana under 1 ounce, § 28-416(6), an infraction; and possession of drug paraphernalia, Neb. Rev. Stat. § 28-441 (Reissue 1989), an infraction.”
State v. Beeken, 585 N.W.2d 865 (Neb. Ct. App. 1998). · cites it 3× “, both being convicted of possession of drug paraphernalia, in violation of Neb. Rev. Stat. § 28-441 (Reissue 1995), an infraction, with the first offense penalty being a fine of not more than $100.”
State v. Michael R., 662 N.W.2d 632 (Neb. Ct. App. 2003). · cites it 2× “In count II, the State alleged that Michael fell under § 43-247(1) in that he had used, or possessed with the intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, in violation of Neb. Rev.…”
State v. Sassen, 484 N.W.2d 469 (Neb. 1992). · cites it 2× “Possession of drug paraphernalia is an infraction under Neb. Rev. Stat. § 28-441 (Reissue 1989). Again, § 29-435 states: “Except as provided in section 29-427, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody pursuant…”
State v. Petersen, 676 N.W.2d 65 (Neb. Ct. App. 2004). · cites it 4× “We conclude that Sassen does sustain the pat down of Petersen and the search of the pickup because even though possession of a marijuana pipe is only an infraction, see Neb. Rev. Stat. § 28-441 (Reissue 1995), for which citations are to be issued in lieu of arrest, see Neb.”
State v. Adrian B., 658 N.W.2d 722 (Neb. Ct. App. 2003). · cites it 2× “2002), and that on the same date, Adrian used, or possessed with the intent to use, drug paraphernalia to manufacture or inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, in violation of Neb. Rev. Stat. § 28-441 (Reissue 1995). On…”
State v. Craven, 571 N.W.2d 612 (Neb. 1997). “Based upon our de novo review, we conclude that these facts would cause a reasonable law enforcement officer to believe that Craven’s pocket contained a pipe used to smoke marijuana, the possession of which is unlawful under § 28-441. The officer was therefore justified in…”
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